Battle brewing over oil and gas ballot measure in Broomfield

Measure would prioritize 'health, safety' of residents

A group of Broomfield residents have announced they are forming an organization that opposes the Home Charter amendment that will be up for a vote in Broomfield's November municipal election.

An issue committee, "Vote No on 301, Don't Let Them Divide Broomfield," filed with the Election Division and listed Broomfield resident Karen Nelson as the registered agent.

Supporters said they see Ballot Question 301, which they call "the latest in a long line of ploys by anti-oil and gas activist groups attempting to make Broomfield a statewide battleground on energy issues."

The language of the question is: Shall Section 2.1(b),

"Powers, Rights, and Liabilities" of the Broomfield Home Rule Charter be amended to add the following language?

With regard to oil and gas development near the City's populated areas and within the City's boundaries, such powers shall include but not be limited to plenary authority to regulate all aspects of oil and gas development, including land use and all necessary police powers. As such, Broomfield shall condition oil and gas development permits to require oil and gas development to only occur in a manner that does not adversely impact the health, safety, and welfare of Broomfield's residents in their workplaces, their homes, their schools, and public parks in order to protect the public's health, safety, and welfare and to safeguard the environment and wildlife resources."

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Judy Kelly, one resident who helped get the question on the ballot, said through "extensive door knocking and outreach," supporters of the effort have learned that Broomfielders have concerns about proposed oil and gas operations.

"They seek legal, conscientious ways to ensure that health and safety are foremost as these developments are considered," Kelly said. "Citizens have a legal right to bring forth initiatives for a vote. Question 301 is not dishonest or divisive; it is an initiative that allows citizens to vote on the issue."

The question complements the Comprehensive Plan Oil and Gas Update Committee's recommendations and acts as another tool in the City Council's toolbox, she said.

"Why would we take our initiative elsewhere?" Kelly said in response to the opposition group. "We live here. We are raising our families here. We are Broomfielders who want to protect and preserve the great way of life we have all found here. And we want to take legal, available options to ensure nothing takes precedent over health and safety."

In the release, Nelson pointed to the recall election earlier this summer in which Ward 4 residents tried to recall Councilman Greg Stokes.

That effort failed in July when Stokes received 2,937 of the 4,542 votes cast in the election.

Nelson said those residents, whom she called environmental activists, made the recall a "proxy war" against oil and gas development.

"We're tired of Broomfield being treated as a petri dish for these ugly, political fights that serve no purpose other than to divide and distract Broomfield from the work we should be pursuing together," Nelson said.

She hopes the community vote no to Question 301 and send a message that while oil and gas needs to be "aggressively regulated," the constant attempts to "divide (the) community and foment division between neighbors" will be defeated.

"Vote No on 301, Don't Let Them Divide Broomfield" claims that Question 301 is "flatly illegal" and will subject Broomfield to "years of costly legal battles."

Broomfield City and County Attorney William Tuthill has said at public meetings that aspects of the amendment conflict with state law if it gives Broomfield absolute power to regulate oil and gas development.

"As we know from various Colorado Supreme Court cases, that's just not within the realm of possibility," he said.

Sara Loflin, Executive Director of LOGIC, the League of Oil and Gas Impacted Coloradans, initially filed the statement of intent to circulate a petition with the election division. Enough signatures were collected, and Broomfield City Council set the ballot item in August.

As she understands the amendment, Loflin said it would essentially require Broomfield officials to take health and safety and protecting the environment "fully into consideration" as they make policy decisions.

Local governments have land use regulatory authority and police powers when it comes to oil and gas regulations, she said in an email, citing residents who support the amendment. Police powers is the authority to make, adopt, and enforce laws for the protection and preservation of public health, order, safety and security, and welfare, she said.

"Adding it here makes sense in that a local government would use both authorities in regulating oil and gas," Loflin said.

Broomfield resident Tom Cave sides with Nelson in wishing environmentalists would "pick another community to torment" with what he calls "political stunts."

"The Supreme Court, the Attorney General and Governor Hickenlooper's administration have all said these backdoor bans are pre-empted and illegal," Cave said in the organization's news release.

He thinks Question 301 is fundamentally dishonest and that Broomfield is already trying to establish safeguards, which he sees as a model for other communities.

"(Question) 301 is a blatant attempt to end that collaboration, eviscerate compromise and score political points," he said.

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